Under the Flood and Water Management Act 2010 the responsibility for consenting and enforcement of ordinary watercourses has transferred from the Environment Agency to Torbay Council, as the Lead Local Flood Authority. Consents are required for any changes to ordinary watercourses that either obstruct or alter the flow. Enforcement action will be used to rectify unauthorised and unlawful work on a watercourse.

What is an Ordinary Watercourse?

Ordinary watercourse definition:

“watercourse” includes all rivers and streams and all ditches, drains, cuts, culverts, dikes, sluices, sewers (other than public sewers within the meaning of the Water Industry Act 1991) and passages, through which water flows.

Land Drainage Act 1991

An "Ordinary Watercourse" is defined as a watercourse that does not form part of a "Main River".

The Environment Agency will continue to consent on Main Rivers and a statutory map showing main rivers is available at the Search Flood Map for Planning (Rivers and Sea)

What needs consent and why is it needed?

Any work affecting a watercourse may need consent whether it be temporary or permanent. This is required to ensure that it does not increase the risk of flooding and that it does not adversely affect the environment. The Land Drainage Act 1991 as amended by the Floods and Water Management Act 2010 states:

No person shall:

• erect any mill dam, weir or other like obstruction to the flow of any ordinary watercourse or raise or otherwise alter any such obstruction; or
• erect a culvert in an ordinary watercourse, or
• alter a culvert in a manner that would be likely to affect the flow of an ordinary watercourse

without the consent in writing of the drainage board concerned

Please see this guide for more information on whether works require consent. If you are still unsure whether you need consent or would like any advice before submitting your application please contact us.

How do I apply?

Please read the guidance notes and complete an application form. Also, ensure that there is sufficient information within your application for us to review and process it. You must also demonstrate that your proposals will not have an adverse effect on flood risk or the environment. An application fee is required with the application form (please contact us to confirm, currently £50 per structure and an additional fee of £50 where temporary works within the watercourse are required).

We will either grant or refuse consent within two months from the date we receive an application.

The granting of our consent should not be regarded as in any way approving the design and soundness of the proposed works, other than in relation to the impact on flows and the effects on the watercourse and its floodplain.

Unconsented work enforcement

Any works carried out without consent will be required to be removed and the watercourse put back to its original condition, there is no procedure for retrospective approval.

If you have concerns that work is or has taken place without consent then please contact us at highways@torbay.gov.uk.